Q: In NY, if the employee handbook says "there will be no payout for unused vacation time for terminations," could I
theoretically be entitled to unused vacation time if I voluntarily resigned (i.e., I quit on my own volition to take another position elsewhere)?
Employee handbooks are rarely contracts. And most can be changed at any time with or without notice.
Is the employer applying its earned leave policy uniformly for all those who have been or are similarly situated to the facts surrounding your departure?
Brian Greben agrees with this answer
A: I agree with Mr. Urba. The most important thing is that the policy of not reimbursing unused vacation time to terminated employees be applied fairly to everyone. If any similarly situated employee was paid his unused vacation time upon termination, you are probably also entitled to be similarly paid.
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